Prabhat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1895 of 2018 Arising Out of PS.Case No. -32 Year- 2017 Thana -PUPRI District- SITAMARHI ===========================================================

1. Prabhat Kumar, Son of Shatrughan Sah, R/o Masjid Gali Road Pupari, P.S.- Pupari, District- Sitamarhi.

.... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Alok Kumar Jha, Adv For the Respondent/s : Smt. Usha Kumari No.1, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 03-08-2018 Heard learned counsel for the parties.

This is an appeal under Sections 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by order dated 24.02.2018 in A.B.P. No.344 of 2018/128 of 2018 passed by the learned Special Judge, SC/ST Act, Sitamarhi in connection with Pupari P.S.Case No. 32 of 2017 registered under Sections 147, 149, 341, 342, 323, 324, 307, 504, 506 of the Indian Penal Code as well as under Sections 3(i)(x) of the Scheduled Castes and Scheduled Tribes Act. Due to some dispute arising out of playing the cricket game, an occurrence of assault had taken place between the players and for that reason, in the subsequent occurrence,

Patna High Court CR. APP (SJ) No.1895 of 2018 dt.03-08-2018 2/2 there is general and omnibus allegation of commission of abuse and assault against several persons.

Considering the background and nature of allegation, let the appellant, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with the aforesaid case, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and both bailors shall be resident of territorial jurisdiction of the learned court below and further the appellant shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.

Accordingly, the impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date06.08.2018 Transmission Date 06.08.2018